L-1 Visa

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The L-1 visa is a non-immigrant work visa that allows the relocation of certain employees or partners of a foreign company to a subsidiary, branch-office or affiliate company in the United States for a period of up to seven years. The employee or partner must have worked for a subsidiary, branch-office or affiliate of the foreign company for at least one continuous year within the previous three years prior to admission in the US. The professional must have worked in an executive or managerial capacity (L-1A), or must prove to have specialized knowledge (L-1B).

The company based in the USA can file a petition with the U.S. Citizenship & Immigration Services (USCIS) for an L-1 visa to transfer a professional from its overseas subsidiary, branch-office or from an affiliate company. The visa will generally be approved for an initial period of 3 years, if the petitioning company has been in business for more than one year, or otherwise for a period of only 1 year.

The L-1 visa can be used by companies of any size and nature, but requires that the role performed by the transferred professional be relevant and compatible with the business dimensions and requirements. It is an important resource for large multinationals transfering executives and managers between their operations, as well as for small companies willing to expand their business and relocating key people to the United States.

The definition of Affiliate or Affiliation in the context of the L-1 visa makes it a very flexible alternative for many cases. There are several possibilities for establishing a qualifying relationship between the U.S. and the foreign entities:

• Direct capital ties, as in the case of subsidiaries or branch-offices
• Trade of goods or services between the foreign and the U.S. entities
• Common shareholding structures 

Requirements:

• The petitioning company must have a qualified relationship with the foreign company
• The petitioner must currently be, or will be conducting business in the United States and at least one other country. It is not a requirement for the business to operate in international trade
• The L-1A beneficiary (the transferred professional) must have worked in an executive or managerial capacity without direct supervision from others
• The L-1A beneficiary must be assigned and perform an executive or managerial position in the U.S. company, that is higher than first level operational supervision, and compensated accordingly
• In case of installation of a new business/company/office in the United States, a business plan has to demonstrate that there will be enough investment, activity, jobs and relevance to justify the relocation of the professional.
• - Proof that the foreign company will not suffer from the absence of the executive or manager.

Advantages and benefits:

• The L-1 visa is considered a dual purpose visa, which grants a direct path to the permanent residency (Green Card) under certain conditions
• The processing time is relatively fast, between 2 to 3 months, and allows for premium processing of 15 days, for a fee
• No specific education requirement
• The spouse and children can work under an L-2 dependent visa, for any employer or independently
• Children under 21 can attend the school of choice
• L1 blanket petitions allows employers to file a single petition for multiple employees. For larger companies that need to get many employees over to the U.S. with short notice, the blanket petition is an invaluable advantage
• No need for long, complex and expensive Labor Condition Application (LCA), as opposed to several other work visas
• Free travel in and out of the USA
• There is no minimum investment in the case of a new business, company or office in the U.S., although obviously it will depend on the needs of the target business, which should be enough to support the relocated professional and the rest of the staff.

IMG services

IMG advices L-1 Visa candidates and employers in all aspects and stages of the process, in compliance with the program requirements:

• Assessment of the candidate’s and the employer’s alternatives
• Definition of the business and the immigration strategies
• Search, diligence and acquisition of an existing business (franchised or not)
• Engagement and coordination of immigration lawyer
• Preparation and submission of petition

IMG’s focus will always be on the quality and viability of the target business as the key objective, consequently resulting in the qualification and approvability of the visa petition, as well as the conditions for successful renewal. 

Exclusive focus on the visa as the main objective, having the business as just a means to achieve it, will inevitably result in unsustainable situations, with significant losses of time and money.